| OCR Text |
Show declares that private properly shall not bo takeu for public use without just compensation. Wo Ho not. mean to say that the transfer of the property of this dissolved corporation to the public schools of Utah would be in violation of this provision of I lie constitution. Hut we do say it would be in uolaliou of its spirit. Why should not congress be just, even to the Mormons? Thousands of members of the Mormon church have never lived in polygamy. Ought they to be made to sutler because of the crimes of other-!, or because their church teaches the doctrine of polygamy? polyg-amy? Tho proposed conliscation is it u necessary. It would bo unjust and unfair. Mormon Church Property. Denver Itvpubllcan. Is the liandful of Mormons in Utah and other parts of the country such a menace to our institutions that it is necessary ne-cessary for tho government of the United Slates to resort to conliscation in order to hold the, Mormon church in check?. , There to mush a thing as honesty in dealing with one's enemies. There is such a thing as justice to criminals. There is such a thing as doing right for right's sake, and in the face of popular prejudice. But the bill which Senator Edmunds introduced, to turn the property pro-perty of the Mormon church over to tho public schools of Utah, fails to recognize any of these geueral propositions Tho supreme court has held that congress con-gress had the power to declare, the Mormon church corporation dissolved. Under the old rule of tho common law Which was far from the perfection of either human wisdom or human justice the property of u dissolved corporation corpora-tion escheated to tho crown. Neither the creditors nor the stockholders could claim anything as against the crown. But the harshness of this rule was removed re-moved by the courts of equity when they iuterfcrred and decreed that the assets of such corporations should be distributed among those equitably entitled en-titled to them. The corporation of the Mormon church being dissolved, the property is, according to the old common law rule, subject to the disposition of the government. But tho supreme court hesitated to euforce so harsh and unjust un-just a rule. It sought some equitable way for the distribution of the prop, erty. Whilo the court was deliberating Senator Edmunds stepped forward for-ward . and, by the introduction introduc-tion of tho bill referred to, proposed to relieve the court of its embarrassment embarrass-ment and cause congress to confiscate the Mormon church properly. But whether congress or the supreme court be immediately responsible, the people will be ultimately so. if (he property of the Mormon church shall be turuod over to the public schools of Utah, The fact that some of the Mormons aro polyganiisis and that tho church teaches the doctrine of polygamy will not justify tho supposed confiscation. The constitution of the United States |
